( 1 ) THESE two cases arose thus.

( 2 ) ON 24-4-91 at about 1-50 hours on Ramji Prasad ASI/rpf/lcd Post. Ramji Prasad succeeded in arresting only Dhanbahadur Gurung with those properties while two of his associates namely Munna Bahadur and Mohan Kumar Gurung managed to flee away. No satisfactory reply could be offered by Dhanbahadur to account for the possession of the said railway properties which were seized. On interrogation, Dhanbahadur Gurung made a revelation that he used to sell the stolen railway property to the shops-cum-godowns of one Rajaram of Lalababu Shire Road, Belur and one Arun of Tarachand Ganguly Street, Bally. On the basis of a complaint lodged by the ASI Ramji Prasad with LCD/rpf/post, case No. 1 (4) 1991 dated 24-4-91 was registered under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966 at RPF Post LCD. In this connexion, two search warrants in respect of the above two shops cum godowns and two warrants of arrest against the two associates of Dhanbahadur Gurung namely Munabahadur and Mohan Kumar Gurung were obtained from the Court of SDJM, Howrah and on 3-5-91, on the strength of one of the search warrants, the s